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HomeMy WebLinkAboutReso 1973-6959RESOLUTION 6959 ~/~ ~~- ~ . ~ ~,,~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUL1~ VISTA ACCEPTING GRANT OF EASEMENT FROM SAN DIEGO G S & ELECTRIC COMPANY FOR STREET AND HIGHWAY PURPOSES A~D DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain g~ant of easement for street and highway purposes, executed by San Diego Gas & Electric Company, dated the 14th day of May, 1973, a copy ofiwhich is attached hereto and by this reference made a part hereof, th same as though fully set forth herein be, and the same is hereby acc~pted by the City of Chula Vista for the above listed purposes. '~ BE IT FURTHER RESOLVED that that portion of land a described in said easement is hereby dedicated to the public use for s reet and highway purposes by the City of Chula Vista, and is hereby o ficially named Second Avenue. BE IT FURTHER RESOLVED that the City Clerk of the pity of Chula Vista be, and she is hereby authorized and directed tolrecord the document in the office of the San Diego County Recorder.'' Presented by Approved as to form by h" ~ ~, Lan F. Cole, Director of Georg Lindberg, City;Atto y Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 24th day of July ~ , 1973 , by the following vote, to-wit: AYES • Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES : Councilmen None ABSENT: Councilmen None ATTES~ ~ ~GQi City Clerk ~~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, , City Clerk of the Cityll,of Chula Vista, California, DO HEREBY CERTIFY that the above is a ful~., true and correct copy of Resolution No. and that the same l~as not been amended or repealed. DATED City Clerk ?.~, ' ~". ..-~ ~y. _ _ ~~ . <~ izzl Tax Parcel No. 623-060-42 GRANT OF EASEMENT DOCUMENTARY TRANSFER TAX ~...:~,,,,,,,,,A, SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Grantor", for valuable consideration, grants to the City of Chula Vista, a municipal corporation in the County of San Diego, State of California, hereinafter called "Grantee", an easement and right of way for', public street and utility purposes and incidentals theretp, through, over and across Grantor's land situated in the City of Chula Vista, County of San Diego, State of California, par- ticularly described as follows: That portion of Quarter Section 143 of Chula Vista, according to Map thereof No. 50'5, filed in the offkice of the County Recorder of said County of San Diego, March', 13, 1888, described as follows: Commencing at the intersection of the Welsterly line of Second Avenue (formerly Fourth Avenue) with the~!,Northerly line of the Southerly 275.00 feet of said Quarter jSection 143; thence along the Westerly line of said Second'Avenue (80.00 feet in width) South 18° 431 23" East, 36.610 feet to the TRUE POINT OF BEGINNING; thence continuing along said Westerly line South 18° 43' 23" East, 183,41 feet;~thence leaving said line South 06° 14' 45" West, 30.55 feet to the beginning of a tangent 20.00 foot radius curve conlcave North- easterly; thence Southerly through Easterly along ',the arc of said curve through a central angle of 90° 00' 00",' a distance ~`' ~~ ~-~ 1222 of 31.42 feet to a point in the Northerly line of Orange Avenue; thence along said Northerly line being a line parallel with and 25.00 feet Northerly of the Southerly line of said Quarter Section 143, a distance of 107.50 feet to 'the Lesterly terminus of a 20.00 foot radius curve concave North- westerly, a radial line to said point bears South'06" 14' 45" ~~7est; thence Easterly through Northerly along the arc of said curve through a central angle of 90° OOf Oa", a distance of 31.42 feet; thence tangent North 06° 14' 45" East, 100.50 feet to the beginning of a tangent 472,50 foot radius curve concave Westerly; thence Northerly along the arc of said curve through a central angle of 11° 45' 45", a distance of 87.00 feet to the TRUE POINT OF BEGINNING. ', Grantee, its successors, assigns, agents or con- tractors, shall be responsible for any damage to Grantor's existing facilities occasioned by or arising from ',the con- struction, operation or maintenance of Grantee's Facilities within said Grantor's property. Grantee covenants for itself. its successors, assigns, agents or contractors, that all work in connection with the installation of Grantee's facilities andlappurtenances shall be done in a workmanlike manner and in accordance with standard engineering practices. Grantor reserves unto itself, its successors and assigns, the right to use the subsurface, surface 1, and airspace thereover, of the hereinbefore described easement ', and right of vray, for the installation of such facilities a~ it shall now or in the future deem necessary, provided, hot ever, that such reserved use rights shall not be exercised b~ Grantor, its successors or assigns, in such a manner as to'',be incompatible with Grantee's installation. 2 `'7 ~~/ i ~~2t) Grantee shall at all times indemnify and save harm- less Grantor against and pay in full any and all loss, damage or expense that Grantor may sustain, incur or becpme liable for, resulting in any manner from the constructior7, maintenance, use, state of repair or presence of Grantee's fac~.lities in- stalled hereunder and all necessary and proper futures and equipment for use in connection therewith, including any such loss, damage or expense arising out of the (~.) loss of or damage to property, and (b) injury to or death'', of persons, including the defense of any action arising therefrom, ex- cepting any loss, damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of the Grantor, its contractors, officers, agents or employees. Grantor, its successors and assigns shall not be required to bear any portion of the cost of construction, maintenance, alteration, repair or replacement of said public street or incidentals. IN WITPIESS WHEREOF, we have hereunto set our hand thi s / ~~ !f : - day of%':~r. ~,~,,- 19 ;.ice>, ,/ ATTEST: SAN DIEGO GAS & ELECTRIC COMPANY, ~~ - Secretary ,`," . . ~ ~:. , ~~ ,~ ~• .,,~..,., i'~. ONTL 4-30-73 Sp, Job No. 18(,73) a co `oration Senior Vice President 3 ~'f ~~ 122 SAi~ DIEGO GAS & ELECTRIC COMPANY FORAR STATE OF CALIFORi~IIA ) ss . COUNTY OF SAN DIEGO ) ON THIS ;`~~~f~ day of I~~'L--y-~ 19~, before me, the undersigned, a ivotary Public in a for said Co~Znty and State, residing herein, duly co~~issioned and sworn, personally appeared ~ ~ j??'~-}.rt1J knows to me to be the ~~!.?vz,,~~,~ ~ . r~~ President and -~~ . ; f' rJ~Y ~ ~' ~.~ known ~o me to be the/ Secretary of SAN DIEGO GAS & ELECTRIC COMPANY, the corporation that executed the within Instrument, kno~rm to me to be the persons who executed the within Instrument, on behalf of the corporation therein named,', and acknowledged to me that such corporation executed the within Instrument pursuant to its By-Latas or a Resolution of ids Board of Directors . ', U~q'a6y~~ypy~ p w p Tr1ITNESS my hand and official seal. '.. O~f o i R i 0 S III R 1 !yF 110 Tglf Y~~~~IR~ + 4 ~~ I / / I,. 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